On
September 8, 2017, Barrick Goldstrike Mines Inc. (Goldstrike)
filed a Motion to Dismiss for Lack of Subject Matter
Jurisdiction, arguing that it and Bullion Monarch Mining,
Inc. (Bullion) were citizens of the same state (Utah) when
this case was initiated against Goldstrike in 2009. (ECF No.
260.) On September 22, 2017, the parties filed a stipulation
and proposed order to extend the deadline to respond to the
motion to dismiss so that Bullion could make a motion for
discovery on the jurisdictional issues raised in the motion.
(ECF No. 261.) District Judge Du approved the stipulation and
entered an order extending the deadline to respond to the
motion until September 29, 2017. (ECF No. 262.)

On
September 29, 2017, Bullion filed its Motion for
Jurisdictional Discovery. (ECF No. 263.) That same day, the
parties filed a joint motion: (1) to stay proceeding pending
resolution of Goldstrike's motion to dismiss; (2) to
suspend briefing on the motion to dismiss pending resolution
of Bullion's motion for jurisdictional discovery and the
completion of such discovery; (3) to set the discovery period
to run ninety days from an order on Bullion's motion for
jurisdictional discovery, with a status check set for 60 days
from that order; and (4) for an order setting the briefing
schedule on the motion to dismiss giving Bullion 30 days
after the close of (jurisdictional) discovery to file its
response and giving Goldstrike 21 days thereafter to submit
its reply. (ECF No. 264.) Goldstrike has since filed its
response to the motion for jurisdictional discovery (ECF No.
265), and Bullion filed its reply (ECF No. 266).

The
parties agree that jurisdictional discovery may be taken and
that it should take place for ninety days from the date of
the court's order on this motion, with a status check in
sixty days, but disagree as to the scope of such discovery.
Goldstrike wants to limit discovery initially to one Rule
30(b)(6) deposition, ten interrogatories and ten requests for
production, and then determine whether additional discovery
is warranted. Bullion, on the other hand, wants to depose Mr.
Haddock as well as those listed in his affidavit, and
propound written discovery (interrogatories, document
requests and requests for admission) to determine where
Goldstrike's “nerve center” under Hertz
Corp. v. Friend,559 U.S. 77 (2010).

The
court agrees that good cause exists to re-open discovery,
limited to jurisdictional discovery, under Federal Rule of
Civil Procedure 16(b)(4), in order to determine whether the
court has subject matter jurisdiction over Goldstrike under
the “nerve center” test enunciated by the Supreme
Court in Hertz. The court likewise agrees with the
parties' determination regarding a time-period of ninety
days for jurisdictional discovery. The court has broad
discretion to permit or deny jurisdictional discovery.
Laub v. U.S. Dep't of the Interior, 342 F.3d
1080, 1083 (9th Cir. 2003). Given that this case was filed in
2009, and that the parties have agreed to a jurisdictional
discovery period of ninety days, the court will set
parameters on the jurisdictional discovery to be taken by
Bullion. Bullion will be allowed to take one Rule 30(b)(6)
deposition, as well as the depositions of two officers. It
will be permitted to propound written discovery including ten
interrogatories, ten requests for production, and ten
requests for admission, which may include reasonable
and discreet subparts. The court will deny the
motion to dismiss without prejudice, and will endeavor to set
a status conference approximately forty-five days from the
date of this Order. At that time, the court expects Bullion
to be able to discuss whether it anticipates the discovery
permitted is sufficient to proceed with responding to the
motion to dismiss upon completion of the ninety-day period or
whether additional jurisdictional discovery will be
requested. Briefing on the newly filed motion to dismiss is
discussed in further detail below.

CONCLUSION

(1)
Bullion's Motion for Jurisdictional Discovery (ECF No.
263) is GRANTED insofar as discovery is
re-opened for a period of ninety (90) days
from the date of this Order for the purpose of conducting
jurisdictional discovery, which is initially limited to the
following: (a) one Rule 30(b)(6) deposition; (b) the
depositions of two other officers; (c) ten interrogatories;
(d) ten requests for production of documents; and (e) ten
requests for admission; the written discovery may include
reasonable and discreet subparts;

(3)
Goldstrike's Motion to Dismiss (ECF No. 260) is
DENIED WITHOUT PREJUDICE, and may be
re-filed by Goldstrike upon the completion of jurisdictional
discovery;

(4) The
parties' joint motion (ECF No. 264) is GRANTED IN
PART AND DENIED IN PART as follows:

(2) The
court will endeavor to schedule a status conference
forty-five days from the date of this Order;

(a) as indicated above, the jurisdictional discovery period
will run for ninety-days, commencing on the date of this
Order, with a status check in approximately forty-five days;

(b) the motion to dismiss has been denied without prejudice,
to be re-filed by Goldstrike upon the completion of discovery
(i.e., on the ninety-first day following this Order unless
the court has extended jurisdictional discovery beyond the
ninety days);

(c) once the motion to dismiss is re-filed, briefing will
proceed according to Local Rule 7-2(b), i.e., the response is
due fourteen days after the motion is filed, with a reply due
seven days after service of the response;

(d) any remaining scheduling order deadlines that remain
pending are vacated and will be re-set following a
determination on ...

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